Man escapes charges after assaulting wife

New Zealand police will review judge's decision to not convict man who assaulted wife.

New Zealand police are reviewing a judge's decision to discharge a man who violently assaulted his wife without conviction.

A court heard the 58-year-old man assaulted his wife and a male friend after seeing a text message in which they declared their love for one another, the New Zealand Herald reports.

After seeing the message, the man confronted his friend and a struggle ensued, the judge heard. Then, when his daughter had tried to intervene, he grabbed her by the throat, pushed her down and held her there. He also kicked his wife in the ribs, causing her to fall back, after she tried to break up the tussle.

The man was sentenced in a Queenstown District court on Monday on assault charges relating to his wife, friend and children. However, he was discharged without conviction.

Judge John Brandts-Giesen said the 58-year-old did not remember hurting his wife and daughter and the consequences of a conviction would have been "out of all proportion" to what happened.

The judge said the "nasty assault" had to be seen in context, saying: "There would be many people who would have done exactly what you did, even thought it may be against the law to do so."

Otago Lakes Central Area Commander Inspector Olaf Jensen would not comment on the specific case but told the New Zealand Herald police were now "reviewing" the decision.

Auckland Coalition for the Safety of Women and Children spokeswoman Catriona MacLennan has called for Judge Brandts-Giesen to step down from his role after his "inappropriate" comments.

"His reported comments and the sentence imposed display a complete lack of understanding of domestic violence," she said.